pcn walsall

nrk29

My husband refuses to go to court 🙄 Any idea how I can word my response as the registered keeper to convince them to dismiss the charge??

MothballsWallet

@nrk29 If you can't get a landowner cancellation (Plan A), then your husband will have no choice but to go to court if the PPC decide to issue a claim - but following the advice on this board will give a 99% chance of winning (and some PPCs will drop their claims after seeing a forum-aided defence).

Redx

Not going to happen , There is no chance of Group Nexus cancelling , but POPLA should

Any response should be just this

Cancel , or issue a Popla code

If the rejection gives a time limit before they issue a Popla code , wait for it and stop panicking !!

14 days hold is mentioned in that reply

You are asking questions before showing us all the paperwork , please stop !!

Paperwork first , then proper advice can be given , in the light , not the dark !

This is nowhere near a court case

nrk29

 here are both sides of the letter

Redx

You assumed that the NTK PCN above complied with POFA , so you didn't read the newbies FAQ sticky thread near the top of the forum , post one , which explains how to compare the wording ( or lack of it in the above pictures ) with POFA

The keeper liability wording under POFA is missing !! So not compliant with POFA !!

So no keeper liability , so Mr nrk has no liability at all in law as a keeper , no liability in law as a driver because he wasn't driving either

Wait a few weeks for a Popla code , as mentioned on the back under appeals

Meanwhile , start reading about winning Popla appeals , plagiarising from others with the same topics , pofa non compliance , no keeper liability , not the driver , poor signage , no landowner authority etc , any within the last 18 months

An easy win at Popla , for a non driving keeper

KeithP

MothballsWallet said:

@nrk29 If you can't get a landowner cancellation (Plan A), then your husband will have no choice but to go to court if the PPC decide to issue a claim...

@MothballsWallet that simply isn't true.

Even if a court claim is issued, the Defendant can still ignore it.

Of course, in this particular case, or indeed any case, that would be silly, but nevertheless, that option is available.

Coupon-mad

Your husband won't be going to court.

This is SO EASY to win at POPLA, but he must appeal, not you (or you need to re-do it in his name, not yours, if you appealed in your name).  I hope you did this in his name?

He is about to win easily as long as you do NOT say who was driving.

One of the easiest ones to win that we see.  Either won now, when you ignore that begging letter (as long as the appeal was put in showing your HUSBAND'S name not yours?) or at POPLA, second stage, simply by pointing out that there is no keeper liability as the silly NTK is non-POFA.

A cinch.  Have I made it clear enough that as long as the appellant is your OH, he will win?

Coupon-mad

I expect you are both angry about this extortionate scary demand, though.

Please do us and yourself (and the driving public) a favour and stick around on this forum every week - at least for the Summer - to ensure you both see when the Government publish and open the final Technical Consultation.

We will be talking about it and the public will have about 4 weeks we think, to tell the MHCLG what you think about the level of parking charges, that the MHCLG has admirably decided already will start at £50 (50% discount) and not £100:

Outcome of 2020 Consultation (look what the public comments achieved so far):

https://www.gov.uk/government/consultations/parking-code-enforcement-framework/outcome/parking-code-enforcement-framework-consultation-response

Planned Summer 2021 additional Public Consultation:

https://www.gov.uk/government/news/government-to-open-technical-consultation-on-fairer-parking-charges

It's not open yet but please keep check here to see when it is. 

We need real people like you and your husband - two submission answers, please - to counter the spamming that happened last time from the industry.

nrk29

Thank you everyone so much. my husband and I feel so much more at ease with all your confidence that we can win before getting to court! 

Yes the appeal I did was on behalf of my husband as the keeper with no mention of names except 'the driver'. 

Should I respond as an earlier reply said with "Cancel or send POPLA code" then in response to their reply? The 14 days are almost up and I want to start preparing for winning at the POPLA stage.

Redx

I would wait until next week , then do it if no popla code arrives

if they fail to issue a popla code , report them online to the BPA on their website (husband to do it in his name as keeper, even if you are pressing the keys)